I was sentence to 30days in jail deferred for 1yr along with 50hrs comm. service for theft by unauthorized taking... my question is when i go back to court in one year and if i have abided by all condition will this conviction be dismissed and will i have a record.
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Read More Answered By: James Rosenberg |
If this case occurred in New Hampshire, the answer is that you do have a criminal record as a consequence of your plea and your sentence. You would not have received a jail sentence, even a deferred jail sentence, unless you entered a plea of guilty to a criminal offense. Accordingly, you have a criminal record. Typically, you must petition the court to suspend the deferred time thirty days prior to the expiration of the one year window. A hearing will follow. The purpose of your hearing in one year is for you to bear the burden of establishing that you have been of good behavior and satisfied any condiditions of your sentence, including the community service you described. This will not clear your criminal record. The only way for you to clear your criminal record is to file a petition to annul or expunge the record of your arrest and conviction, but a specific period of time must past before such a petition is timely. In the case of a misdemeanor, three years must pass and in the case of a felony, six years must past before you can file such a petition. These are the general time frames can change depending on the specifics of your case and the charge. Good luck. This answer describes my general response to this situation based on my professional experience in NH, but I am not your lawyer, I do not know the specifics of your case and this response does not create any type of attorney client relationship between us. |
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